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S1012........................................................by TRANSPORTATION MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that it is an infraction offense punishable by a fine of five dollars for the operator of a motor vehicle to fail to ensure safety restraint use by all occupants of the vehicle; and to provide for imposition of an additional fine of five dollars and fifty cents to be used by the county for the medically indigent residents of that county. 01/17 Senate intro - 1st rdg - to printing 01/20 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE SENATE SENATE BILL NO. 1012 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO USE OF MOTOR VEHICLE SAFETY RESTRAINTS; AMENDING SECTION 49-673, 3 IDAHO CODE, TO PROVIDE THAT IT IS AN INFRACTION OFFENSE PUNISHABLE BY A 4 FINE OF FIVE DOLLARS FOR THE OPERATOR OF A MOTOR VEHICLE TO FAIL TO ENSURE 5 SAFETY RESTRAINT USE BY ALL OCCUPANTS OF THE VEHICLE IN ACCORDANCE WITH 6 LAW, TO REQUIRE SAFETY RESTRAINT USE BY OCCUPANTS OF EMERGENCY VEHICLES 7 EXCEPT WHILE OPERATING IN EMERGENCY SITUATIONS, TO PROVIDE THAT IT IS A 8 SINGLE VIOLATION REGARDLESS OF THE NUMBER OF OCCUPANTS NOT PROPERLY 9 RESTRAINED, TO PROVIDE FOR IMPOSITION OF AN ADDITIONAL FINE OF FIVE DOL- 10 LARS AND FIFTY CENTS TO BE USED BY THE COUNTY FOR THE MEDICALLY INDIGENT 11 RESIDENTS OF THAT COUNTY, TO DELETE REFERENCE TO WEIGHT OF THE VEHICLE AND 12 TO PROVIDE PROPER TERMINOLOGY. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672, 17 Idaho Code, and subsection (2)(b) of this section, each occupant ofthe front18seat ofa motor vehicle whichhas a gross vehicle weight of not more than19eight thousand (8,000) pounds, and whichwas manufactured with safetybelts20 restraints in compliance with federal motor vehicle safety standard no. 208, 21 shall have a safetybeltrestraint properly fastened about his body at all 22 times when the vehicle is in motion. 23 (2) The provisions of this section shall not apply to: 24 (a) An occupant of a motor vehicle who possesses a written statement from 25 a licensed physician that he is unable for medical reasons to wear a 26 safetybeltrestraint; 27 (b) Occupants of motorcycles, implements of husbandry, and emergency 28 vehicles in emergency situations; 29 (c) Occupants ofthe front seat ofa motor vehicle in which all safety 30beltsrestraints are then properly in use by other occupants of that vehi- 31 cle; or 32 (d) Mail carriers. 33 (3)If a person is convicted of a violation of any traffic law, other34than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,35relating to proof of liability insurance, it shall beIt is anadditional36 infraction punishable by a fine of five dollars ($5.00) for any person to 37violate the provisionsoperate a vehicle in which an occupant is in violation 38 of subsection (1) of this section, for which a fine of five dollars ($5.00)39shall be imposed. It shall be deemed a single violation regardless of the num- 40 ber of occupants not properly restrained as required by subsection (1) of this 41 section. A conviction under this section shall not result in violation point 42 counts as prescribed in section 49-326, Idaho Code.In addition, aA convic- 43 tion under this section shall not be deemed to be a moving traffic violation 2 1 for the purpose of establishing rates of motor vehicle insurance charged by a 2 casualty insurer. 3 (4) The department shall initiate and conduct an educational program, to 4 the extent sufficient private donations or federal funds for this specific 5 purpose are available to the department, to encourage compliance with the pro- 6 visions of this section and to publicize the effectiveness of use of safety 7beltsrestraints and other restraint devices in reducing risk of harm to occu- 8 pants of motor vehicles. 9 (5) The department shall evaluate the effectiveness of the provisions of 10 this section and shall include a report of its findings in its annual evalua- 11 tion report on the Idaho Highway Safety Plan which it submits to National 12 Highway Traffic Safety Administration and Federal Highway Administration pur- 13 suant to 23 U.S.C. section 402. 14 (6) The failure to use a safetybeltrestraint shall not be considered 15 under any circumstances as evidence of contributory or comparative negligence, 16 nor shall such failure be admissible as evidence in any civil action with 17 regard to negligence. 18 (7) Every person who is convicted, found guilty, pleads guilty or 19 receives a withheld judgment for violating the provisions of this section 20 shall also be required to pay five dollars and fifty cents ($5.50) in addition 21 to any other fine, penalty or cost the court may assess. Moneys received pur- 22 suant to this subsection shall be remitted to the county treasurer in the 23 county where the person was adjudicated for use by the county in meeting its 24 obligations to pay for necessary medical services for resident medically indi- 25 gent persons under chapter 35, title 31, Idaho Code.
STATEMENT OF PURPOSE RS 12446C1 The legislation addresses the enforcement deficiencies in Idaho's seat belt law that result in a safety restraint use rate well below the national average. This low compliance results in higher death and injury rates, and huge financial costs ultimately paid by all Idahoans. In 2001, the economic cost of all Idaho motor vehicle crashes was $1.5 billion, the equivalent of $1,150 for every Idahoan. About 75 cents of every dollar spent to cover the costs of these crashes is passed on to the public in increased medical costs, higher taxes and insurance premiums, and larger direct, out-of-pocket payments for goods and services. Nearly 70 percent of the state's 1,146 traffic fatalities during the past five years involved unbelted drivers or occupants. This legislation requires all occupants, including children not now covered, to be properly restrained, amends the current statute to require than an additional $5.50 from each citation be paid to county indigent funds to defray tax costs for collision victims, and applies a standard enforcement mechanism to allow officers to enforce the safety restraint law as any other non- moving violation. Breaking Idaho's current law results in just a $5 fine, and only when the vehicle has been stopped and the driver has been cited for some other violation. As is now the case, a violation under this amended section does not result in violation point counts, and a conviction is not deemed a moving violation for establishing motor vehicle insurance rates. FISCAL IMPACT The National Highway Traffic Safety Administration estimates safety restraint use increases 11 percent on average for states that upgrade laws to include standard enforcement. In addition, NHTSA estimates that safety restraints are 50 percent effective in preventing fatalities and serious injuries. Based on these estimates, here are the benefits had a standard enforcement law been in effect in 2001: 12 lives saved and 63 serious injuries prevented The State of Idaho, which pays 2.7 percent of the total costs of collisions, would have saved $1.2 million The Federal government, which pays 6.4 percent of the costs, would have saved more than $2.9 million Cost savings to insurance companies: $22.8 million Cost savings of individuals involved in crashes: nearly $11.9 million Cost savings to other sources: $6.6 million Data from Saint Alphonsus Regional Medical Center, a Level 2 Trauma Center, shows that the average charges to Medicaid for seriously injured occupants not using safety restraints, were nearly twice the amount of those occupants who use safety restraints. Average charges for unrestrained occupants were $80,000, compared to $42,000 for those that were restrained. Based on this data, here are the benefits of a standard enforcement law: Medicaid could realize a savings of $38,000 on average for every additional person that wears a seat belt In 2001, this would have resulted in $152,000 savings in charges to Medicaid from this Medical Care center alone The Catastrophic Health Care Cost Program, which is a combination of county and state funds, paid out $1.76 million for health care for the medically indigent motor vehicle crash occupants in 2001. Similar savings per person as noted from the previous data could be reasonably assumed. In addition, a portion of the fixed penalty included in this legislation ($5.50 for each citation) would be allocated to county medically indigent fund of the county in which the citation is written. Contact: Senators Cecil Ingram 332-1315, Bert Marley 332-1407 Rep. Mike Mitchell 332-1192 AAA Idaho Dave Carlson 342-9391 IBELT Chris Marselle 367-3079; Phyllis Smith 455-8302 S1012